Meeting Agenda
Below is the pasted journal for ADA Compliancy. See attachment to download the full version.
CITY OF WOBURN
APRIL 28, 2009 – 7:30 P.M.
REGULAR MEETING OF THE CITY COUNCIL
Roll Call
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Denaro |
Gonsalves |
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Drapeau |
Mercer-Bruen |
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Galvin |
Raymond |
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Gately |
Wall |
Doherty
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VOTED to dispense with the reading of the previous meeting’s Journal and to APPROVE, all in favor, 9-0.
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The City Council observed a moment of silence in memory of former City Clerk Naomi Foley who recently passed away.
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MAYOR’S COMMUNICATIONS:
ORDERED The City of Woburn hereby petitions the Great and General Court of the Commonwealth of Massachusetts to enact the following proposed Special Act:
AN ACT AUTHORIZING THE CITY OF WOBURN TO CONVEY
CERTAIN LAND
Be it enacted by the Senate and the House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. The city of Woburn may transfer the care, custody and control of the parcels of land shown as “Proposed Tank Parcel, Area = 95,601 SF (2.195 Ac.) CC-3” and “Existing Access Easements” on a plan entitled “Preliminary Plan of Land Owned by the City of Woburn, Location Hillside Avenue Woburn, Massachusetts,” dated June, 2007, prepared by City of Woburn Engineering Department, which parcels are a portion of the premises described in a deed recorded with the Middlesex South District Registry of Deeds in Book 3986, Page 198, from the Conservation Commission for conservation and passive recreational purposes to the Superintendent of Public Works for water supply purposes.
SECTION 2. The transfer of land in section 1 of this act is in exchange for a transfer of the care, custody and control of the parcel of land having an area of 24,342 SF, more or less, and shown as “Existing Tank Parcel CC-2” on a plan entitled “Preliminary Plan of Land Owned by the City of
Woburn, Location Hillside Avenue Woburn, Massachusetts,” dated June, 2007, which parcel is described in a Order of Taking recorded with said Deeds in Book 9609, Page 591, from the Superintendent of Public Works for water supply purposes to the Conservation Commission for conservation and passive recreation purposes; and a transfer of the care, custody and control of the parcel of land shown as “Parcel CC-1, Area = 3.0+ Ac.” on a plan entitled “Land Transfer Plan to Woburn Conservation
Commission,” dated January, 2009, prepared by the Woburn Engineering Department, which parcel of land is a portion of the premises described in the Order of Taking recorded with said Deeds in Book 1258, Page 2, from the Superintendent of Public Works for water supply purposes to the Conservation Commission for conservation and passive recreation purposes, except that the city of Woburn may continue to use the portion of the land shown on said plan as “Proposed 2 Rod Wide Access Easement over Gravel Roadway” for access to the remaining city-owned land shown on the plan as “City of Woburn Remaining Area = 27 Ac.+.”
SECTION 3. This act shall take effect upon passage.
s/President Doherty
Motion made and 2nd that the ORDER be ADOPTED, all in favor, 9-0.
Presented to the Mayor: May 1, 2009 s/Thomas L. McLaughlin May 1, 2009
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ORDERED That the sum of $50,000.00 be transferred as follows from Account #39359-595000 BLS Ambulance Receipts to Account #0122051-513100 Fire Overtime.
I hereby recommend the above: s/Paul Tortolano, Chief, Fire Department
I have reviewed the above: s/Gerald W. Surette, City Auditor
I hereby approve the above: s/Thomas L. McLaughlin, Mayor
s/President Doherty
Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON FINANCE, all in favor, 9-0.
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PUBLIC HEARINGS:
On the petition by NSTAR Electric Company for a grant of right in a way to allow conduit and two (2) manholes on Main Street southerly from MH7828 at Campbell Street to MH7821 at Walnut Street a distance of approximately 1,082 feet. PUBLIC HEARING OPENED. A communication was received from Superintendent of Public Works Vincent Ferlisi as follows: “OK with NSTAR plan dated 3-19-09. Meeting was held with NSTAR Supervisors Joseph McSheffrey and Donald McCabe. Two police details will be on site at all times during construction and the DPW Highway Foreman will also be on site. Public notification signage on Main Street north and south. Local newspapers and Media Center. NSTAR will also provide any temporary lighting. All cost incurred by the City of Woburn will be at the expense of NSTAR. All curbing, sidewalks, ADA crossings to be restored to original conditions.” Appearing for the petitioner was Sheila Gillis of NSTAR and she stated that this grant of location is necessary in order to improve system reliability in that area, that the work will be performed during night hours of 9:00 p.m. to 6:00 a.m., that this work was brought about as a result of problems last summer, and that they are trying to complete work as soon as possible. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON MAY 5, 2009, all in favor 9-0.
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On the petition by John S. Russo and Stephanie Rodman, both of 36 Day Circle, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.5 of the 1985 Woburn Zoning Ordinances, as amended, to allow bringing fill onto the site at 36 Day Circle.
PUBLIC HEARING OPENED. A report was received from the Committee on Special
Permits as follows: “ought to pass with the conditions as follows: 1. That the plan dated
April 6, 2009 be accepted as the plan of record, 2. That the recommendations of the Planning Board be adopted as conditions of the special permit, 3. That the property be hydro-seeded, and 4. That no modification shall be allowed to the plan of record with respect to fill, rip-rap or site design.” A communication dated April 21, 2009 was received from Edmund P. Tarallo, Planning Director, Planning Director, Woburn Planning Board as follows:
Re: John S. Russo & Stephanie Rodman – 36 Day Circle – To fill lot pursuant to Section
5.5
Dear Mr. Campbell and members of the City Council:
At the Planning Board meeting held on April 14, 2009, the Board voted to send a favorable recommendation to the City Council regarding a request to fill the lot at 36 Day Circle pursuant to Section 5.5 in accordance with the following condition:
1. That a vegetative ground cover, which may be grass, shall be established over the soil placed at the site to prevent erosion.
If members of the City Council have any questions or concerns regarding the foregoing recommendation, please feel free to contact me.
Sincerely, s/Edmund P. Tarallo, Planning Director
Appearing for the petitioner was Attorney Thomas Lawton, Lawton and Lawton, 4 Bennett Street, Woburn, Massachusetts 01801 and he stated that the petitioner has complied with all terms and conditions articulated by the Planning Board and the Conservation Commission, that the petitioner brought fill on site, graded it and built a riprap wall, that the Building Commissioner issued a stop work order, and that the petitioner has tried to address the concerns of the neighbors. IN FAVOR: None. OPPOSED: None. Motion made and 2nd that the public hearing be closed, all in favor, 9-
0. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-
0.
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On the petition by Woburn Properties, LLP, c/o Cummings Properties, LLC, 200 West
Cummings Parks, Woburn, Massachusetts 01801 for a special permit pursuant to Sections 5.1.30b and 5.1.41 of the 1985 Woburn Zoning Ordinances, as amended to redevelop existing parking lot by constructing a four-story, 58,689 G.S.F. mixed-use building at 8 Cabot Road. PUBLIC HEARING OPENED. Appearing for the petitioner was Ernest Agresti, Vice President Design and Construction, Cummings Properties and he stated that the proposal is to build a modern four story building approximately 58,000 square feet in area, that there will be 48,000 square feet of useable space, that 8 Cabot Road has been in the Cummings Properties portfolio since 1986, that they petitioner will start construction as soon as the special permit is granted, that the property will generate $55,000.00 in additional property tax revenue, that Cabot Road is a dead-end street, that the property is located in the industrial park zoning district, that the property is located on the south side of the road just west of Commerce Way, that the property is located in the proposed Commerce Way Overlay Development District, that the petitioner is seeking the special permit under the current zoning ordinances, that Conservation Commission and City Council approval is necessary for the petition, that no variances are required as the property meets all zoning requirements, that the special permit is required because the building will be in excess of 15,000 square feet and research and testing is a proposed use, that the proposal was granted a waiver from peer review by the Conservation Commission, that it is expected that the Conservation Commission will grant approval to the order of conditions this week, that the petitioner will add a fire hydrant to the site at the request of the Fire Department, that the property has been used as a commercial parking lot, that a significant portion of the existing pavement will be removed, that one curb cut will be eliminated on Cabot Road, that open space and landscaping will be increased by 19%, that over 17,000 square feet of impervious surface will be removed and replaced with pervious green space, that new drainage catch basins will be installed, that stormcenter catch basins which treats runoff before discharge will be installed, that there is sufficient water capacity to support the building, that the sewer will run into the city’s 18 inch sewer main, that the petitioner will contribute $36,000.00 in sewer mitigation and connection fees to the city, that five traffic intersections were analyzed, that the proposal will not result in a decrease in service at any of the impacted intersections, that mitigation is not warranted, that peer review of the traffic study is not warranted, that the property is located in the I-P zoning district, that one special permit is required for the building in excess of 15,000 square feet and a second special permit is required for the research and testing use, that no other special permit is expected to be required for the property at this time, that the proposed Commerce Way Overlay District is more flexible, that these special permits are being sought under more stringent rules, and that an abutter is looking to lease this building and therefore the petitioner wants to move forward with this petition under the current zoning. Mr. Agresti offered documents outlining the proposal and a copy of a letter dated April 27, 2009 from City Engineer John Corey to the City Council for review. Motion made and 2nd that the documents be received and made part of the record, all in favor, 9-0. Alderman Mercer-Bruen stated that she wants a list of materials to be used for construction and that she supports this proposal. Alderman Gonsalves stated that this will be a by-right use under the proposed Commerce Way Overly District ordinance, and that if this property was used as a commercial parking lot it was subject to regulations. President Doherty stated that any abutter has an interest in renting the property and therefore development of the locus is in the interests of the petitioner to move forward without delay. Alderman Drapeau stated that he supports this project. Alderman Raymond stated that he supports the project, that bicycles and bicycle paths may be part of the proposed Commerce Way Overlay District ordinance, and that he would like to see at least one bicycle rack provided on the site. IN FAVOR: Paul Meaney, Executive Director, Woburn Business Association, Ten Tower Office Park, Woburn stated that he is in favor of the petition and that this area has been upgraded. OPPOSED: None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON MAY
19, 2009, THAT THE MATTER BE REFERRED TO THE COMMITTEE ON
SPECIAL PERMITS, THAT A COPY OF THE CITY ENGINEER’S REPORT DATED
APRIL 27, 2009 BE FORWARDED TO ALL ALDERMEN, THAT A COPY OF THE
CONSERVATION COMMISSION REPORT BE FORWARDED TO ALL
ALDERMEN, AND THAT A REQUEST BE FORWARDED TO THE FIRE
DEPARTMENT, POLICE DEPARTMENT, CONSERVATION COMMISSION AND
CITY ENGINEER FOR COMMENTS, all in favor 9-0. Motion made and 2nd that no peer review of the traffic report shall be required, all in favor, 9-0.
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On the petition by Rae E. Gulliver, 35 Pine Street, Woburn, Massachusetts 01801 and June G. Ross, 75 Pearl Street, Apt. 232, Reading, Massachusetts 01867 to amend the Zoning Map of the City of Woburn by changing the zoning district for the property found identified in the Assessors records on Map 38, Block 8, Parcel 1 and known and numbered as Lot 1A 35 Pine Street and Lot 1B 35 Pine Street as shown on the plan filed
with the petition from partially in the R-2 zoning district and partially in the I-G zoning district to the R-2 zoning district. PUBLIC HEARING OPENED. A communication dated April 7, 2009 was received from Rae E. Gulliver as follows:
Dear Mr. Campbell,
By copy of this letter, I wish to formally withdraw my request for the rezoning of 35 Pine Street from commercial to residential.
I am no longer comfortable with this endeavor.
Please feel free to contact me for any clarification you may need regarding this matter.
Thank you.
Sincerely, s/Rae E. Gulliver
Appearing for the petitioner was Attorney Malcolm Houck, 7 Winn Street, Woburn, Massachusetts 01801 and he stated that there were two petitioners, that Ms. Ross owns Lot 1B, that there is a substantial partial of land under contract to Sean Coakley, that Ms. Ross wishes to continue proceeding with the petition despite the withdrawal request of Ms. Gulliver, that a small portion of the rear of the Gulliver lit is in the industrial district as well, that a substantial portion of the lot is wetland under regulation, that Mr. Coakley will agree to amend the petition so that the I-G zoning district line and the R-2 zoning district line will be seventy feet easterly-northeasterly of the rear property line rather than at the property line, that his addresses the buffer zone issue, and that the request for the zoning change is so that one single duplex home can be constructed on the locus without filling. Alderman Denaro stated that there is a request to withdraw the petition and therefore this additional information is of no consequence. Alderman Galvin stated that with the request to withdraw there appears to be less of an area involved that the original petition, that there would be more of a concern if the request was to expand the area, that the City Council can request a legal opinion, that one petitioner can withdraw the request with respect to her land but the other petitioner can continue to proceed with the respect to the other parcel, and that no one would be jeopardized with reducing the amount of land under consideration for rezoning. Alderman Mercer-Bruen stated that these petitions are linked and should be allowed to withdraw the petition, that a legal opinion can be requested, that she would like to allow the withdrawal and let the matter be separated from the process, that she wants the petition withdrawn without prejudice, that she wants to request an opinion from the city solicitor as to whether the matter can proceed without both petitioners, that if the matter moves forward she will ask that the petition be denied, that she will support the withdrawal of the petition and the re-filing of a new petition, and it may be that the Gulliver parcel of land would have to be rezoned to make the proposal feasible. Alderman Wall stated that the petition has to be re-filed, and that the petition has been altered. Alderman Gonsalves stated that the fee can be waived if a new petition is filed. Alderman Gately stated that the petition should be allowed to withdraw the petition rather than have the matter denied as the petitioner will then have to wait two years to bring the petition forward again. Ed Gabriel stated that he owns the house with Rae Gulliver, that they are concerned about the financial impact on their lot, that the duplex has been moved along the full length of their backyard, that the house is within approximately twelve feet of his property line, that the building will be three or four stories in height as a duplex, that this will eliminate their view of the marsh, that they are concerned with the impact of the duplex house on their property’s resale value, that they had received correspondence from the petitioner’s attorney asking them to join in this petition, that they did not believe that it would impact their property, that the duplex was going to be built down below the grade, and that with the zone line changed the duplex will now be located directly in their backyard. Sean Coakley stated that he met with the abutters to the rear of the locus and established a new boundary line, that he met with the neighbors and moved the location of the house to accommodate them, that his intent is to replicate the wetland, that under the petition one duplex house constructed, industrial zoning will be eliminated, a conservation easement will be created and the location of the house can be moved a little more, that he requested the neighbor to join in the petition as they also wanted the industrial zone line moved, that he can address the wall issue and meet with the neighbors to determine what can be done to resolve the issues, and that he is willing to meet on site with the surveyor. IN FAVOR: None. OPPOSED: Bill Neice, 59 Pine Street stated that he is concerned that when the building starts the integrity of the engineered wall will be affected and he is concerned about the impact on the wetlands. Attorney Robert Tedesco, Tedesco and Twomey, 88 Main Street stated that he represents abutters, that they are opposed to the petition as it will cause more problems than originally anticipated, and that he stands on his prior testimony in this matter. Michael Langone, 952 Main Street stated that he owns real estate on Pine Street, that four other houses were built on Pine Street, and that building the house to the rear of the parcel would likely be economically more feasible. Motion made and 2nd that the petition by Rae E. Gulliver to changing the zoning district for the property Lot 1A 35 Pine Street as shown on the plan filed with the petition from partially in the R-2 zoning district and partially in the I-G zoning district to the R-2 zoning district be given leave to withdraw without prejudice, all in favor, 9-0. Motion made and 2nd that a communication be forwarded to the City Solicitor requesting a legal opinion as to whether the petition can be brought forward without the Gulliver parcel under the present petition and what can be done to ensure that only one dwelling will be constructed on the remaining parcel if the change in the zoning is allowed, all in favor, 8 in favor, 1 opposed (Denaro opposed), 0 absent.. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON MAY 19, 2009 AND THAT THE MATTER BE REFERRED TO THE COMMITTEE ON ORDINANCES, all in favor 9-0.
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On the petition by President Charles Doherty to amend the 1985 Woburn Zoning
Ordinances, as amended, by establishing a new Section 23 entitled Commerce Way
Corridor Overlay District as set forth in the petition (Clerk’s Note: See City Council
Journal dated July 10, 2008 for a full recitation of the text of the ordinance). PUBLIC
HEARING OPENED. President Doherty stated that the matter is still pending before the Zoning Ordinance Review Committee (ZORC), that a review meeting is scheduled for April 30, 2009, and that the intent is to have a draft prepared to send to the City Council and the Committee on Ordinances shortly thereafter. IN FAVOR: None. OPPOSED:
None. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE REGULAR MEETING OF THE CITY COUNCIL ON JUNE 2, 2009, all in favor 9-0.
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On the petition to amend the 1985 Woburn Zoning Ordinances, as amended, by deleting under Section 2 Definitions the second sentence from Paragraph “a” for “Lot Line, Front” the words “On a corner lot, the shorter street frontage shall be considered the front lot line unless otherwise specified by deed restriction.” PUBLIC HEARING OPENED. A communication dated April 27, 2009 was received from Edmund P. Tarallo, Planning Director, Woburn Planning Board as follows:
Re: Alderman Charles Doherty – Zone Change – Lot Line, Front
Dear Mr. Campbell and Members of the City Council:
At the Planning Board meeting held on April 14, 2009, the Board voted to forward a favorable recommendation to the City Council on the above-cited zoning amendment.
If you have any questions or concerns regarding this matter, please feel free to contact me.
Sincerely, s/Edmund P. Tarallo, Planning Director
IN FAVOR: John Sawyer, 14 Frank Street Court stated that he spoke on this issue a few years ago, that this is the same issue previously reviewed but with revised language, that eliminating the language will clarify this but will cause other issues, that the Building Commissioner said that this would treat corner lots like interior lots however it does not have any rear setback, that a thirty foot setback becomes a twelve foot setback which eliminates eighteen feet of setback, that the language on corner lot setbacks is vague and open to interpretation, and that the matter should be reviewed in committee to establish language that would clearly denote the setbacks. Mr. Sawyer offered a document dated April 27, 2009 which contained revised language for this issue. Motion made and 2nd that the document be received and made part of the record, all in favor, 9-0. Alderman Mercer-Bruen stated that the ordinance is not clear now but she is not sure how his proposed alternate language would be reviewed or whether another filing will have to be made. Alderman Wall stated that the city cannot tell someone that their front door has to be facing the street, that the frontage can be set with a deed restriction, and that the corner lot owner is penalized by fixing a smaller envelope within which to build a house compared to an interior lot. Alderman Drapeau stated that this issue is confusing, that without the Building Commissioner present to provide his view on the matter it is difficult to make a decision, and that this matter should be continued so that the City Council can hear from the Building Commissioner. Motion made and 2nd that the public
hearing be closed, all in favor, 9-0. Motion made and 2nd that the MATTER be
REFERRED TO COMMITTEE ON ORDINANCES and that the Building
Commissioner and any interested party who spoke at the public hearing shall be invited to attend the committee meeting, all in favor, 9-0.
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On the petition by Alderman Richard Gately concerning the structure or structures located in the City of Woburn, County of Middlesex, Commonwealth of Massachusetts known and numbered as 320 Main Street, Woburn, Massachusetts, commonly referred to as the Woburn Armory, for the purposes of determining whether said structure or structures are a public nuisance, a nuisance to the neighborhood, a dilapidated or dangerous building or other structure, as said terms are used in Massachusetts General Laws Ch. 139, Sec. 1, and if so, enter an order adjudging it to be a nuisance to the
neighborhood, or dangerous, and prescribing its disposition, alteration or regulation
PUBLIC HEARING OPENED. A communication dated April 28, 2009 with attachments was received from Building Inspector Thomas Quinn, Inspectional Services Department as follows:
Re: Woburn Armory 320 Main Street
With regard to the above Property I have reviewed the file for this address and have attached copies of all documents as well as exterior site pictures that were done on April 23, 2009 by Inspector LaLumiere.
Also in Inspector LaLumieres absence I observed the interior of this structure on April 27, 2009 with the owner and Fire Chief for the City of Woburn.
During this walk through there were a few areas that appeared to be unsecured to which was brought to the owners attention and he was going to be securing in a timely manner.
If you have any further questions or concerns on this matter as always feel free to contact me.
A communication dated April 23, 2009 with attachments was received from Det. Thomas
R. Callahan, Woburn Police Department relative to calls for police assistance at 320 Main Street aka 286 Main Street. Alderman Gately stated that in the last couple of years the property has gone into disarray, that there are broken windows, dead trees, areas where access can be gained to the building, bricks falling off and the roof in disrepair, that the issue is not about tearing down the building but securing and cleaning up the property, that these are all public safety issues, that the Historic Commission also has a covenant on the building, that all of the proposed uses would be a problem with the available parking, that he is willing to look at a public-private enterprise for senior housing at the location, and that the petitioner must be good to the neighbors and good to the city. Alderman Gately offered documents and photographs for the City Council to review. Motion made and 2nd that the documents and photographs be received and made part of the record, all in favor, 9-0. President Doherty stated that a nuisance declaration would impact the ability of the owner to obtain financing, and that if the issues were addressed the nuisance designation can be removed. Alderman Denaro stated that the city was interested in purchasing the building, that the owner knew the zoning when he purchased the building, that the zoning for the property will not change as long as he is on the City Council, that the State was selling the property and sold it out from under the city, that the State changed the rules for a short time which did not allow municipalities to purchase the properties at first option, and that he will work actively to purchase the land from the owner. Alderman Gonsalves stated that there was not enough parking in the prior proposal, that the height of the roof would have been extended and would stare down on the neighbors, and that she thought the project was getting close to approval but the owner was not willing to make some accommodations. Alderman Galvin stated that he will support the development of the property with input from the Ward Alderman.
Alderman Mercer-Bruen stated that senior housing would be an ideal use for the property. IN FAVOR: Mark Sanborn, 12 Caulfield Road stated that he spoke against the previous petition because of the density, that the petitioner agreed to maintain the front of the building, that if the owner is ordered to remove the building then the owner can build whatever it wants on the front lot right up to the boundary line because it lies in the downtown zoning district, and that the front of the building is in good condition for rehabilitation but the rear of the building is in poor condition. Lisa Roach, 5 Myrtle Street stated that she is in favor of the petition, that she wants to see the property maintained, that the windows and wall need repairs, that there is vegetation growing on the roof line, that the back of the building will likely have to be removed, and that the front of the building should be maintained for historical purposes. John O’Neil, 10 Myrtle Street stated that if the property is declared a nuisance the city will not know what the owner will develop on the lot. OPPOSED: Attorney Joseph Tarby, Murtha Cullina LLP, 600 Unicorn Park Drive, Woburn, Massachusetts 01801 stated that he represents the landowner, that he is not here to oppose but to respond to some of the issues raised, that the property owner will work with the Ward Alderman to address the issues, that the owner acquired the property in June 2004, that the owner developed plans for the residential use of the property, that there were covenants on the deed that required Massachusetts Historical Commission approval, that the Massachusetts Historical Commission approved the proposed improvements, that the proposed improvements included the removal of the shed area to the back and renovation to add a three-story building attached to the three-story units at the front, that twenty-five residential units were proposed to be built, that the Woburn Redevelopment Authority and the Planning Board approved the proposal, that the City Engineer approved the proposal, that the economy changed and the residential use is no longer an appropriate use, that the owner has engaged Sean Coakley who has attempted to secure new users, that a bank, mixed use office and apartments, a doctors’ office building, an electric company headquarters, a signature apartment building with new construction tearing down the present building, a farmers market and a non-profit youth group center have all been proposed for the locus, that the police reports indicate two incidents at the location, that one incident was the report of a raccoon and the second incident was the report of a woman sleeping on the steps, that Building Inspector Thomas Quinn viewed the property and the issues raised by the Building Department have been addressed, that the Fire Chief will post the building with a check which urges due caution when entering while an “X” would have meant not to enter the building during an emergency, that the property is nonconforming, that any proposal for use can be brought before the City Council, that the owner is looking for input from the City Council as to what it would like to see on the parcel, that this is a unique piece of property, that the property is discussed in the Vision 2020 report, and that it is an ideal location for senior housing with the location near the downtown area. Attorney Tarby offered a list of proposed uses of the property to the City Council for review. Motion made and 2nd that the document be received and made part of the record, all in favor, 9-0. Sean Coakley stated that interest in the building has slowed down. Motion made and 2nd that the PUBLIC HEARING be CONTINUED TO THE
REGULAR MEETING OF THE CITY COUNCIL ON JUNE 2, 2009 AND THAT THE
MATTER BE REFERRED TO THE COMMITTEE ON LIAISON with notice of the meeting sent to all interested parties who spoke at the public hearing on April 28, 2009, all in favor, 9-0.
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CITIZEN’S PARTICIPATION: None.
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COMMITTEE REPORTS:
ORDINANCE:
On the Order to add a new Title 2, Article XXXV, Sections 2-217 to 2-225 Biomedical Oversight Committee to the 1989 Woburn Municipal Code, as amended, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.
Presented to the Mayor: May 1, 2009 s/Thomas L. McLaughlin May 1, 2009
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On the Order to amending Title 5, Article XII, Section 5-71 to the 1989 Woburn Municipal Code, as amended, relative to requirements for drivers of taxicabs, committee report was received “ought to pass, with the cost of the picture identification in Paragraph 6 to be determined by the police department”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.
Presented to the Mayor: May 1, 2009 s/Thomas L. McLaughlin May 1, 2009
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On the Order to amend Title 19 of the 1989 Woburn Municipal Code, as amended, by adding a new Appendix 2 relative to the Expanded Baldwin Homestead Historic District, committee report was received “ought to pass”. Motion made and 2nd that the
COMMITTEE REPORT be ADOPTED, all in favor, 9-0. [REQUIRES 2/3 VOTE]
Presented to the Mayor: May 1, 2009 s/Thomas L. McLaughlin May 1, 2009
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On the petition by Saeed Rajabi dba Sky Taxi for a new Taxi Cab License, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.
Presented to the Mayor: May 1, 2009 s/Thomas L. McLaughlin May 1, 2009
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On the petition by Saeed Rajabi dba Sky Livery for a new Livery License, committee report was received “That the matter be given leave to withdraw without prejudice.”
Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.
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On the petition by Mourad djiar dba ABCE Cab of Woburn for a new Taxi Cab License, committee report was received “ought to pass”. Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.
Presented to the Mayor: May 1, 2009 s/Thomas L. McLaughlin May 1, 2009
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NEW PETITIONS:
Petition by Cambridge Road Auto Service, Inc., 293 Cambridge Road for renewal of Second Class Motor Vehicle Sales License. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.
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Petition by Marc E. Dionne dba Silver Cue Billiards, 435 Main Street for renewal of a Billiard Table License. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.
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Petition by GameStop 3315, 103 Commerce Way for renewal of a License to Sell Second-Hand and Personal Articles of Value and Collectibles. Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON POLICE AND LICENSES, all in favor, 9-0.
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Petition by Kravings, Etc., Robert Haykel, Manager, 106 Winn Street, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.29 of the 1985 Woburn Zoning Ordinances, as amended, to allow for a fast food restaurant at 106 Winn Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.
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Petition by Woburn Kiwanis, 10 Cedar Street, Suite 26, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.75 of the 1985 Woburn Zoning Ordinances, as amended, to conduct the annual Flag Day carnival and fireworks on June 19, 2009 and June 20, 2009 at Library Field. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.
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Petition by Hugo G. Moraes dba Taste of Brazil, Tuda Na. Brasa, 6 Park Drive, Woburn, Massachusetts 01801 for a special permit pursuant to Section 5.1.29 of the 1985 Woburn
Zoning Ordinances, as amended, to authorize an expansion of the restaurant business at
414 Main Street. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.
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COMMUNICATIONS AND REPORTS:
A communication dated was received from Charles L. O’Connor, Parking Clerk, Police Headquarters, 25 Harrison Avenue as follows:
In accordance with Massachusetts General Laws Chapter 90, Section 20½, I am submitting a report to you on the parking violations in the City of Woburn for the period ending March 2009: number of parking violations issued 621, number of violations paid 329, number of violations outstanding 265, amount collected and submitted to the Office of the Collector $17,906.00. There exists a backlog of 4,842 tickets for 1982 through 2008. Demand will be sent until all tickets have been paid. Parking violations referred to the Handicapped Commission $3,350.00.
Respectfully submitted, s/Charles L. O’Connor, Parking Clerk City of Woburn
Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE, all in favor, 9-0.
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A communication dated April 10, 2009 was received from Attorney Gregg J. Corbo,
Kopelman and Paige, P.C. relative to regulation and enforcement of Department of
Environmental Protection Outdoor Wood Boiler Regulations. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE with a copy to Planning Board, Board of Health, Building Department and Recreation Commission, all in favor, 9-0.
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A communication dated April 21, 2009 was received from Attorney Brian W. Riley, Kopelman and Paige, P.C. relative to new federal pool and spa safety requirements.
Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE with a copy to Planning Board, Board of Health, Building Department and Recreation Commission, all in favor, 9-0.
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UNFINISHED BUSINESS OF PRECEDING MEETING: None.
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APPOINTMENTS AND ELECTIONS:
A communication dated April 15, 2009 was received from His Honor the Mayor Thomas L. McLaughlin as follows:
Dear Mr. Campbell:
By the power vested in me as Mayor of the City of Woburn, I hereby appoint Dean
Solomon of the Woburn Council on Social Concerns, as a Member of the Human Rights
Commission as required in the City of Woburn Municipal Code Title 2-236. Please be advised that the effective date of this appointment will be the date of confirmation by the City Council, and the term will expire on July 31, 2010.
If you have any questions, please feel free to contact me.
Sincerely, s/Thomas L. McLaughlin, Mayor
Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PERSONNEL, all in favor, 9-0.
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A communication dated April 22, 2009 was received from His Honor the Mayor Thomas L. McLaughlin as follows:
Dear Mr. Campbell:
By the power vested in me as Mayor of the City of Woburn, I hereby appoint Geraldine Benecke of 713 Main Street as a Member of the Council on Aging. Please be advised that this term is for three years. The effective date of this appointment will be the date of confirmation by the City Council.
If you have any questions, please feel free to contact me.
Sincerely, s/Thomas L. McLaughlin, Mayor
Motion made and 2nd that the MATTER be REFERRED TO COMMITTEE ON PERSONNEL, all in favor, 9-0.
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MOTIONS, ORDERS AND RESOLUTIONS:
RESOLVED Be It Resolved by the City Council of the City of Woburn that His Honor the Mayor and appropriate municipal departments, commissions, and authorities, including but not limited to the City Auditor, City Engineer, City Grant Writer, Cemetery Commission, and the Woburn Housing
Authority, work collectively to develop a comprehensive plan to allow the City to competitively bid for the so-called Northeastern property consisting of a 74.46 acre parcel of land located at 35 Cambridge Road, Woburn, formally referred to as the Archstone 40B site on Cambridge Road. The plan should outline potential municipal use of the site and an acquisition cost analysis for the potential purchase of the land by the City of Woburn;
Further, that the City of Woburn should work towards a strategy that would allow the City to best plan for the use of the site to benefit the residents and protect the community from overdevelopment. Whereas Archstone has abandoned the project and waived their options on the site, the City must act now to secure the land for the betterment of the community, our public safety, and our environment. It would be in the best interests of the community to negotiate directly with Northeastern University and not with potential developers who do not put Woburn’s interests first.
Collectively the City has fought over the last nine years to stop the over development of the site. With the property located in the R-1 zoning district, the presence of a massive residential and commercial development in close proximity to single family neighborhoods would adversely affect the quality of life of residents and the property values of existing homes. With the recent court decision in favor of the City of Woburn, the city should continue our fight to make sure the land is only developed in the best interest of the City of Woburn and its residents.
The site should be looked at for the potential location of senior housing, recreational uses, protected conservation land, and/or a new cemetery for the City of Woburn. The City should actively be looking for grant money, stimulus money, or revenue that would allow the City to develop the land in a way that would benefit the community and not the developers. Whereas low or moderate income housing exists on sites comprising one and one-half percent or more of the total land area zoned for residential, commercial, or industrial use, a reasonably sized affordable senior housing development could be placed on a large enough piece of land so that the City could meet its land area requirements under M.G.L. Chapter 40B, and further so that the City could finally put an end to future M.G.L. Chapter 40B developments in the City of Woburn.
This undertaking will require the combined efforts of many individuals and groups, but how the city responds today will determine if the community is able to protect the City’s future.
s/President Doherty, Alderman Drapeau
and Alderman Galvin
Alderman Drapeau stated that this was a long battle, that it appears Archstone has withdrawn its interest in the property, and that Northeastern is still moving forward to sell the property. President Doherty stated that the city must find the best way to protect this unique property of 75 acres located on a heavily traveled roadway. Motion made and 2nd that the RESOLVE be ADOPTED, AS AMENDED, with the amendment as follows: “That Friends of Mary Cummings Park be invited to participate in the process,” all in favor, 9-0.
Presented to the Mayor: May 1, 2009 s/Thomas L. McLaughlin May 1, 2009
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RESOLVED That His Honor the Mayor include in the Fiscal Year 2010 Municipal Budget sufficient funds to fulfill the obligations to the public safety officials entitled to compensation under the terms of the so-called Quinn Bill.
s/Alderman Denaro
Alderman Denaro stated that this affects the compensation of the police department, that this is arbitrary action against one small group in the city, that this is $350,000.00 out of the $700,000.00 cost that is shared with the State, that the police are being harmed without any benefit and it singles out one group in the city, that there has been some discussion that the money is being restored, that he wants the Mayor to find the money in the budget to fund these amounts if the State does not restore the funds, and that this would have the city fund the State portion as well. Alderman Galvin stated that when this was adopted the city rightfully agreed to fund its costs, that he does support the intent but there are many issues that may come before the city, that he will look at this issue during the budget process but not now, and that the city must fund its contract. Alderman Denaro stated that if the law exists the city must pay its 50% share but if the law does not exist it is not clear if the city has to pay its share. Alderman Drapeau stated that this is the State’s issue that has caused this problem. Alderman Gonsalves stated that a communication can be sent to the city’s State legislative delegation indicating support for the Quinn Bill funding. Alderman Denaro stated that once the Mayor submits the budget then these amounts cannot be added to the budget. Alderman Mercer-Bruen stated that she is concerned about setting the money aside and at the same time asking the legislature to fund the matter. Alderman Drapeau stated that he supports the effort and its sends a message to the Mayor. Alderman Galvin stated that it is unfair to other departments and the taxpayers to say this will not be cut when all other departments may face cuts. Alderman Denaro stated that the police are being picked on as they established flaggers rather than details and want to eliminate the Quinn Bill, and that if this is to be eliminated it should be bargained out. Alderman Gately stated that the community asked these officers to continue their education and not they will lose the benefit, and that they improved their skills for the benefit of the community. Alderman Mercer-Bruen stated that she is confused by the debate, that this is a State legislative issue, and that it is a terrible precedent that the city say if the program will not be funded at the State level the city will open up its coffers. Alderman Wall stated that the Mayor can refuse to sign the resolution, that he wants to see what the State legislature will do with the issue, and that the city can come back later to fund the program if necessary. Alderman Gonsalves stated that this is a premature vote, and that every Alderman is supportive of the concept os the Quinn Bill but there is not enough information on the issue. Motion made and 2nd that the
RESOLVE be ADOPTED, ROLL CALL: Denaro – Yes, Drapeau – Yes, Galvin – No,
Gately – Yes, Gonsalves – No, Mercer-Bruen – No, Raymond – No, Wall – No, Doherty
– No, MOTION FAILS. Motion made and 2nd that a communication be drafted by Alderman Gonsalves on behalf of the City Council and delivered to the State House expressing support for the Quinn Bill and urging funding of the program, all in favor, 9-0.
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RESOLVED Whereas, a community designated as an Economic Target Area pursuant to Massachusetts General Laws Chapter 23A, Section 3D qualifies the community and private businesses for tax incentive programs including but not limited to the Brownfields Law, job creation, economic development programs and business expansion;
Now, Therefore, Be It Resolved by the City Council of the City of
Woburn that His Honor the Mayor investigate the viability of the City of Woburn applying for designation as an Economic Target Area and submitting the necessary application as soon as feasible; and
Be It Further Resolved that a report on the feasibility of the application process be submitted to the City Council.
s/Alderman Wall and Alderman Denaro
Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 9-0.
Presented to the Mayor: May 1, 2009 s/Thomas L. McLaughlin May 1, 2009
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RESOLVED Whereas, Woburn Conservation Day is scheduled for Saturday, May 2,
2009; and
Whereas, this will be the 37th consecutive year that the Woburn
Conservation Commission has organized the event; and
Whereas, Conservation Day helps to protect our natural resources, encourages community-wide participation in conservation activities and increases public awareness of the necessity to preserve our natural environment; and
Whereas, there is a strong commitment to Conservation Day in Woburn by members of service organizations, local businesses and by other community volunteers in which they share their time and talent with the community,
Now, Therefore, Be It Resolved by the City Council of the City of Woburn that the City of Woburn hereby recognizes the efforts of the many residents and business organizations of the city who have contributed their efforts to many successful Conservation Day events and encourages the community to continue their good efforts to improve our environment and to act as responsible stewards of our natural resources.
s/Alderman Gonsalves
Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 9-0.
Presented to the Mayor: May 1, 2009 s/Thomas L. McLaughlin May 1, 2009
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RESOLVED That the City Clerk and Board of Registrars of Voters meet with the City Council Committee on Liaison for the purposes of discussing alternate voting locations for Ward 1, Precinct 2, Ward 5, Precinct 1 and Ward 5, Precinct 2 in view of potential school development projects and further to discuss the possibility of any future polling location changes in the city.
s/Alderman Gonsalves
Motion made and 2nd that the RESOLVE be ADOPTED, all in favor, 9-0.
Presented to the Mayor: May 1, 2009 s/Thomas L. McLaughlin May 1, 2009
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ORDERED WHEREAS, there presently exists a structure or structures located in the City of Woburn, Massachusetts known and numbered as 17-19 Franklin Street; and
WHEREAS, the condition of said building or buildings has been allowed to deteriorate and the property is generally not being maintained;
NOW, THEREFORE, BE IT ORDERED be the City Council of the City of Woburn that the City Clerk and Clerk of the City Council schedule a public hearing pursuant to Mass. General Laws Ch. 139, Sec. 1, et. seq., and give notice thereof to the owner of said building or buildings, said hearing to be conducted for the purposes of determining whether said building or buildings are a nuisance, a nuisance to the neighborhood, dilapidated or dangerous building or buildings or other structure or structures, as said terms are used in Mass. General Laws Ch. 139, Sec. 1, and if so, enter an order adjudging it to be a nuisance to the neighborhood, or dangerous, and prescribing its disposition, alteration or regulation.
s/Alderman Galvin
Motion made and 2nd that the RESOLVE be ADOPTED and that the matter be set up for public hearing, all in favor, 9-0.
Presented to the Mayor: May 1, 2009 s/Thomas L. McLaughlin May 1, 2009
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Motion made and 2nd to suspend the rules for the purposes of taking matters from committee and adding the following items to the Order of the Day as late filed matters, all in favor, 9-0.
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Motion made and 2nd to take the Order to transfer the sum of $11,000.00 from Sick Leave
BB Account to Directed Control Patrol Account from the Committee on Finance, all in favor, 9-0. Alderman Wall stated that there have been 21 arrests in the area where this patrol will be directed, that this will allow extra enforcement in the area, and that these are adults not children causing these problems. Alderman Gately stated that these patrols have helped in his ward. President Doherty stated that he endorses the efforts of the Aldermen but that the police department should be properly funded to perform these tasks, and that the city must make certain that appropriate funds are in the budget for these efforts. Alderman Wall stated that the police department will add this line item to their budget, that this is a sporadic need to deal with an issue as opposed to requiring a full-time commitment, and that these are controlled responses in which the police department targets areas of the city. Alderman Galvin stated that this is a quality of life issue but could become a problem if dedicated funds are required for many areas, and that he will support the proposal but there has to be a better funding method. President Doherty stated that the city should deal with long-term issues and not short-term issues. Alderman Denaro stated that this is targeted police enforcement, and that if the line is not in the budget on an annual basis it falls to the whim of the City Council. Motion made and 2nd that the ORDER be ADOPTED, all in favor, 9-0.
Presented to the Mayor: May 1, 2009 s/Thomas L. McLaughlin May 1, 2009
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Motion made and 2nd to suspend the rules for the purposes of hearing from residents of the Campbell Street area, all in favor, 9-0. Joe Pasanese, 22 Wade Avenue stated that the residents need to know that if a drug transaction takes place that there needs to be good response time from the police, that there is a Level 3 sex offender residing within 1,000 feet of a school, and that they want to stop the decay on the streets. Alderman Denaro stated that the City Council can have the Committee on Public Safety work on this issue.
Motion made and 2nd to return to the agenda items, all in favor, 9-0.
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A communication dated April 28, 2009 with attachments was received from His Honor the Mayor Thomas L. McLaughlin as follows:
Dear President Doherty and Distinguished Members of the City Council:
The attached letter from the Massachusetts School Building Authority (MSBA) spells out their preference with voting procedures used by the City Council when appropriating funding for school building projects.
The MSBA has attached several documents outlining samples of preferred motions/votes/orders that area acceptable to MSBA when voting on school funding matters.
Sincerely, s/Thomas L. McLaughlin, Mayor
s/Melissa Lake, Student Mayor
Alderman Drapeau stated that all documents should be sent to all Aldermen as the city is entering a critical stage with the development of the schools, that it is unfair to the Aldermen as there is not a lot of professionalism in presenting this information to the Aldermen, and that there are not substantive documents to assist the City Council in understanding the process. Alderman Mercer-Bruen stated that she is also the liaison to the School Building Committee and wants to share this information with all Aldermen, and that the draft report that will be submitted is exactly what the City Council has requested. Motion made and 2nd that the MATTER be RECEIVED AND PLACED ON FILE with a copy to all Aldermen, all in favor, 9-0.
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COMMITTEE REPORTS:
SPECIAL PERMITS:
On the request by ExecuSpace Construction Corporation relative to a Landowner’s Decision and Notice of Special Permit issued on August 11, 2005 which special permit was extended to August 11, 2009 to further extend the special permit for an additional two (2) year period to August 11, 2011, committee report was received “That the special permit be extended for an additional two (2) year period to August 11, 2011 with the further condition that the special permit sh+all not be transferable.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.
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On the request by 4-K Realty Trust relative to a Landowner’s Decision and Notice of
Special Permit issued on August 14, 2003, as amended by a Landowner’s Confirmatory Decision and Notice of Special Permit issued on January 12, 2004, as extended by Notice of Extension of Special Permit on June 14, 2005 to further extend the period for the Petitioner to exercise its rights under the Special Permit for an additional two (2) year period to August 14, 2011, committee report was received “That the special permit be extended for an additional two (2) year period to August 11, 2011 with the further condition that the special permit shall not be transferable.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.
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On the petition by Checker Cab of Woburn, Inc. for renewal of a Taxi Cab License, committee report was received “ought to pass with the following conditions: 1. That all vehicles be registered in Woburn, and 2. That the vehicles have a Massachusetts taxi license plate affixed.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.
Presented to the Mayor: May 1, 2009 s/Thomas L. McLaughlin May 1, 2009
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On the petition by Checker Cab of Woburn, Inc. for renewal of a Livery License, committee report was received “ought to pass with the following conditions: 1. That all vehicles be registered in Woburn, and 2. That the vehicles have a Massachusetts livery license plate affixed.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.
Presented to the Mayor: May 1, 2009 s/Thomas L. McLaughlin May 1, 2009
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On the petition by Ali A Saleb dba Metro Car Service for renewal of a Taxi cab License, committee report was received “ought to pass with the following conditions: 1. That the vehicle be registered in Woburn, and 2. That the vehicle have a Massachusetts taxi license plate affixed.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.
Presented to the Mayor: May 1, 2009 s/Thomas L. McLaughlin May 1, 2009
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On the petition by Amandeep Singh dba Hi-Fi Limo for renewal of a Livery License, committee report was received “ought to pass with the following conditions: 1. That all vehicles be registered in Woburn, and 2. That the vehicles have a Massachusetts taxi license plate affixed.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0.
Presented to the Mayor: May 1, 2009 s/Thomas L. McLaughlin May 1, 2009
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On the petition by M&L Transit Systems, Inc. for renewal of Common Carrier License, committee report was received “ought to pass with the following conditions: 1. That all vehicles be registered in Woburn, and 2. That the vehicles have a Massachusetts taxi or livery license plate affixed.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor, 9-0. Notice of intent to move for reconsideration of the vote was filed by Alderman Mercer-Bruen on April 29, 2009 at 12:40 p.m.
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On the petition by New Boston Auto, LLC dba New Boston Auto Exchange for renewal of a Second Class Motor Vehicle Sales License, committee report was received “ought to pass.” Motion made and 2nd that the COMMITTEE REPORT be ADOPTED, all in favor,
9-0.
Presented to the Mayor: May 1, 2009 s/Thomas L. McLaughlin May 1, 2009
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Petition by NBTC Realty, LLC, 215 Lexington Street, Woburn, Massachusetts 01801 for an Inflammable License to store 986 gallons of gasoline in parked motor vehicles in underground parking lot at 275 Mishwaum Road. Motion made and 2nd that the MATTER be REFERRED TO PUBLIC HEARING, all in favor, 9-0.
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ORDERED That the sum of $27,500.00 be and is hereby transferred as so stated: Transferred out of Sick Leave BB 0121051-515400 $27,500.00,
Transferred into Equipment (New Police ID System) 0121058-585000
$7,500.00, Transferred into Equipment (Pandemic & Shelter Supplies) 0121058-585000 $20,000.00.
I hereby approve the above. s/Mayor Thomas L. McLaughlin
I have approved the above: s/Capt. James W. Martin
I have reviewed the above: s/Auditor Gerald Surette
Motion made and 2nd that the MATTER be REFFERED TO COMMITTEE ON FINANCE, all in favor, 9-0.
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ORDERED That the Committee on Liaison meet with Victor Allen concerning issues in his neighborhood under the provisions of Citizens Participation.
s/Alderman Galvin
Motion made and 2nd that the ORDER be ADOPTED, all in favor, 9-0.
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Motion made and 2nd to return to the regular order of business.
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Motion made and 2nd to ADJOURN, all in favor, 9-0. Meeting adjourned at 10:35 p.m.
A TRUE RECORD ATTEST:
William C. Campbell
City Clerk and Clerk of the City Council